Case Law Details
Pinnamaraju Venkatapathi Raju Vs JCIT (ITAT Vishakhapatnam)
Where AO typed the reasons but not signed the order sheet, there were no reasons recorded for re-opening assessment as required under section 148, therefore, notice issued under section 148 was bad in law, consequently reassessment order was to be annulled.
In the instant case, on verification of the assessment record, it is noticed that the A.O. typed the reasons but not signed the order sheet, thus there are no reasons recorded for reopening of assessment as required u/s 148 of the Act. The A.O. neither complied with the statutory requirement of recording the reasons for issue of notice nor complied with the law laid down by the Hon’ble Supreme Court in the case of reassessment proceedings. Therefore, the notice issued u/s 148 is bad in law accordingly same is quashed and the consequent assessment order made u/s 147 r.w.s. 143 (3) is annulled and the appeal of the assessee is allowed.
FULL TEXT OF THE ITAT JUDGMENT
This appeal filed by the assessee is directed against order of the Commissioner of Income-Tax (Appeals)-I {CIT(A)}, Visakhapatnam vide ITA No.265/2011-12/DC,C-3(1),Vsp/2015-16 dated 16.2.2016 for the assessment year 2007-08.
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